Ok heres one for ya...

[InEdensBliss]

What is the name of your state (only U.S. law)? Arkansas

I posted previously about getting the divorce decree of my husband and ex wife changed because he can't pay the car payments it's requireing him to pay that are under his name but she posess. We tried, we simply can't with the economy the way it is, we're already sucked dry. Well, now she is making threats against us. She sent me an ugly e-mail threating to "come up there and kick your a$$" She is also threating to post private pictures of my husband and i that she stole off our computers if we don't oblige certain demands she has...which obviously we WONT. Can any of that proof work to our advantage? These are very recent threats...we were very willing to work with her, well, with her attorneys, if nothing else to get her out of our lives...This is just somehow snowballing because she has nothing else to do with her time. I don't want to present an ugly nasty threatening e-mail if it won't help my case. More than anything I'd love to get a restaining order on her as well as prove there is no reason she needs support from us finacially.

 

[LdiJ]

What is the name of your state (only U.S. law)? Arkansas

I posted previously about getting the divorce decree of my husband and ex wife changed because he can't pay the car payments it's requireing him to pay that are under his name but she posess. We tried, we simply can't with the economy the way it is, we're already sucked dry. Well, now she is making threats against us. She sent me an ugly e-mail threating to "come up there and kick your a$$" She is also threating to post private pictures of my husband and i that she stole off our computers if we don't oblige certain demands she has...which obviously we WONT. Can any of that proof work to our advantage? These are very recent threats...we were very willing to work with her, well, with her attorneys, if nothing else to get her out of our lives...This is just somehow snowballing because she has nothing else to do with her time. I don't want to present an ugly nasty threatening e-mail if it won't help my case. More than anything I'd love to get a restaining order on her as well as prove there is no reason she needs support from us finacially.

No, none of that helps your husband at all as far as the property settlement is concerned. The car payments were NOT ordered as support, they were ordered as a property settlement. He CANNOT modify a property settlement no matter what.

You may have cause of action against her for the harassment/threats, but AGAIN, that will not effect the property settlement.

Your husband got other assets in exchange for his agreement to pay off the cars. His options are to liquidate those assets in order to pay off the cars.

 

[InEdensBliss]

hmm...that's interesting. Why do the attorney's we delt with say that it was considered spousal support? That's strange. Thanks for the info. We are meeting with an attorney tomorrow. The only thing he got was the house...I don't think we need to sell a $200,000 house to pay for $30,000 worth of cars

 

[>Charlotte<]

hmm...that's interesting. Why do the attorney's we delt with say that it was considered spousal support?

If you have an attorney who is telling you something different, it's probably because he has information that you have not provided yet on this forum. The advice you receive here is based solely on what you post, we have nothing more to go by.

it is ordered and decreed that husband shall pay, as a part of the division of the estate of parties

That's what you posted yesterday, and that sounds like a property settlement.

 

[LdiJ]

hmm...that's interesting. Why do the attorney's we delt with say that it was considered spousal support? That's strange. Thanks for the info. We are meeting with an attorney tomorrow. The only thing he got was the house...I don't think we need to sell a $200,000 house to pay for $30,000 worth of cars

You posted what the decree said, and that wasn't spousal support, that was the property settlement.

Did she get 1/2 of the equity in the house? If not, then yes, your husband may very well have to sell the house in order to pay off the cars.

 

[InEdensBliss]

There is no equity in the house. What I posted was exactly what the lawyers said. BUT, this was also the same lawyer whose legal secretary told us the bankrupcy would allow us to put the cars in them...and obviously the next time we went the lawyer looked at us in utter horror that such a thing was stated, because obviously that was untrue. So, I'm not terribly trusting of them and seeking advice elswhere (ie here and another attorney consult). Thank you for your help!

 

[LdiJ]

There is no equity in the house. What I posted was exactly what the lawyers said. BUT, this was also the same lawyer whose legal secretary told us the bankrupcy would allow us to put the cars in them...and obviously the next time we went the lawyer looked at us in utter horror that such a thing was stated, because obviously that was untrue. So, I'm not terribly trusting of them and seeking advice elswhere (ie here and another attorney consult). Thank you for your help!

Your husband needs to consult with a family law attorney, NOT a bankruptcy attorney. A family law attorney is going to tell you the same thing that we have. Your husband has to fully pay for those cars, and he better find a way to do it.